Opinion Flash

February 14, 2002
Volume 8 — Number 029

What follows is the case style or name, first paragraph, author's name, and the names of attorneys for the parties of each opinion released eletronically today to TBALink.

This Issue (IN THIS ORDER):
 
00 New Opinion(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
04 New Opinion(s) from the Tennessee Court of Appeals
01 New Opinion(s) from the Tennessee Court of Criminal Appeals
00 New Opinion(s) from the Tennessee Attorney General (PDF format)
00 New Judicial Ethics Opinion(s)
00 New Formal Ethics Opinion(s) from the Board of Professional Responsibility
 

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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink


JANET DIANA GOODART v. KAMALIN  D. KAZMAR-GRICE

Court:TCA

Attorneys:        

Raymond F. Runyon, Clarksville, For Appellant, Janet Diana Goodart

Mark A. Rassas, Julia P. North, Clarksville, For Appellee, Kamalin D.
Kazmar-Grice

Judge: CRAWFORD

First Paragraph:

Former wife and children of decedent sued in the chancery court to
enroll a foreign decree of divorce and, inter alia, to impose a
constructive trust on proceeds of a Servicemen's Group Life Insurance
policy payable to the decedent widow after the decedent prior to his
death changed the policy beneficiary contrary to a marital dissolution
agreement and final decree of divorce.  The trial court granted
summary judgment in favor of decedent widow.  Former wife appealed. 
We affirm.

http://www.tba.org/tba_files/TCA/goodartjan.wpd

IN THE MATTER OF:  D.D.V., A CHILD UNDER EIGHTEEN (18) YEARS OF AGE

Court:TCA

Attorneys:     

Debra L. Dishmon, Lebanon, Tennessee, for the appellant, M.M.V.

Paul G. Summers, Attorney General and Reporter; Douglas Earl Dimond,
Assistant Attorney General, for the appellee, State of Tennessee.

Judge: CANTRELL

First Paragraph:

The State filed a petition to terminate parental rights to a
four-year-old boy.  Only the mother contested the action.  The trial
court granted the petition, terminating the mother's parental rights
on multiple grounds, including abandonment and failure to comply with
a plan of care.  We reverse as to the mother, because we do not
believe any of the grounds were proven against her by clear and
convincing evidence, as is required by statute.

http://www.tba.org/tba_files/TCA/inreddv.wpd

GLORIA SNOW-KOLEDOYE v. HORACE MANN INSURANCE COMPANY

Court:TCA

Attorneys:  

Joseph M. Huffaker, Nashville, for Appellant, Horace Mann Insurance
Company

W. H. (Steve) Stephenson, II, Nashville, For Appellee, Gloria
Snow-Koledoye                        

Judge: CRAWFORD

First Paragraph:

This case involves a settlement of an insurance claim under the
comprehensive coverage of an automobile insurance policy.  Wife, named
insured in the policy, sued the insurance company for breach of
contract in delivering to husband a settlement check made jointly
payable to wife and her husband, after husband apparently negotiated
the check.  Wife amended her complaint to name her ex-husband as an
additional defendant, and he filed an answer to the complaint.  In a
nonjury trial, the trial court entered judgment for plaintiff-wife
against the insurance company.  Insurance company appealed.  We
vacate.

http://www.tba.org/tba_files/TCA/koledoyeglo.wpd

DAE KWAN, HYUK J. KWAN, HYUK W. KWAN, AND KOOK HAN-LEE v. 
JOHN DOE AND ALLSTATE INSURANCE COMPANY

Court:TCA

Attorneys:

J. Mitchell Grissim, Jr. and Ronald W. McNutt, Nashville, Tennessee,
for the appellants, Dae Kwan,  Hyuk J. Kwan, Hyuk W. Kwan, and Kook
Han-Lee.

James C. McBroom and A. Michelle Poss Sesler, Nashville, Tennessee,
for the appellees, Allstate Insurance Company and John Doe

Judge: LILLARD

First Paragraph:

This is a lawsuit against an uninsured motorist insurance carrier
arising from a cat jumping out of a car.  The plaintiffs were injured
in a car accident allegedly caused when a cat leapt from a vehicle and
into the plaintiffs' lane of traffic.  The plaintiffs filed suit
against several parties, including the plaintiffs' uninsured motorist
carrier.  The uninsured motorist carrier moved for summary judgment,
asserting that the negligent actions of the unidentified driver did
not arise "out of the ownership, maintenance, or use of a motor
vehicle."  The motion was granted.  The plaintiffs then sought to
amend their complaint, and this motion was also denied.  A trial was
then held on the claims against the remaining defendants and the jury
apportioned fifty percent of the fault to the unidentified driver. 
The plaintiffs now appeal the grant of summary judgment to the
uninsured motorist carrier and the denial of the plaintiffs' motion to
amend their complaint.  We affirm.

http://www.tba.org/tba_files/TCA/kwand.wpd

STATE OF TENNESSEE v. HAROLD D. ARNOLD

Court:TCCA

Attorneys:   

Lloyd R. Tatum, Henderson, Tennessee, for the appellant, Harold D.
Arnold.

Paul G. Summers, Attorney General and Reporter; J. Ross Dyer,
Assistant Attorney General; Jerry Woodall, District Attorney General;
and Shaun A. Brown, Assistant District Attorney General, for the
appellee, State of Tennessee.                       

Judge: WELLES

First Paragraph:

The Defendant, Harold D. Arnold, pled guilty to driving under the
influence of an intoxicant and failure to maintain an accurate log
book after the trial court denied his motion to suppress the results
of a breath analysis test.  The Defendant properly reserved a
certified question of law for this Court to determine whether the
trial court erred in denying the Defendant's motion to suppress.  We
reverse the judgment of the trial court.

http://www.tba.org/tba_files/TCCA/arnoldhd.wpd

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